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Judgment
Raj Beer Singh, J
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.295/2022, under Sections 307/147/323/504 I.P.C., Police Station-Loni Border, District- Ghaziabad with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas, there is no credible evidence against them. According to prosecution version, on 30.04.2022, the applicants and co-accused persons have assaulted the injured on some minor issue and attacked him with lathi and sticks at his head and resultantly, the injured has sustained serious injuries at his head. Learned counsel submitted that the alleged incident has been shown of 30.04.2022 but first information report has been lodged after ten days on 09.05.2022 and no proper explanation for delay in first information report has been shown. In the first information report, only general and omnibus role has been assigned to all the accused persons including applicants. The applicants have no motive to assault the injured. The applicants have no criminal antecedents and that applicants undertake to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail and argued that in the alleged incident, the injured was attacked merely on the minor issue that he was easing out in open and that he has sustained serious injuries at his head. Referring to injury report and statement of injured, it was submitted that an operation was conducted at the head of injured and that he has sustained dangerous injuries.
Considering the submissions of learned counsel for the parties, nature of accusations and all attending facts of the matter, the applicants are not entitled for anticipatory bail. Hence the present application for anticipatory bail is hereby rejected.
However, it is directed that in case, applicants surrender before the court below within three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously, in accordance with settled law.